Category Archives: First Amendment

The Fiery Trial: Abraham Lincoln and American Slavery
Eric Foner
E457.2 .F66 2010From the Publisher: Selected as a Notable Book of the Year by the New York Times Book Review, this landmark work gives us a definitive account of Lincoln’s lifelong engagement with the nation’s critical issue: American slavery. A master historian, Eric Foner draws Lincoln and the broader history of the period into perfect balance. We see Lincoln, a pragmatic politician grounded in principle, deftly navi-gating the dynamic politics of antislavery, secession, and civil war. Lincoln’s greatness emerges from his capacity for moral and political growth.

America’s Death Penalty: Between Past and Present
edited by David Garland, Randall McGowen and Michael Meranze
HV8699.U5 A745 2011

From the Publisher: Over the past three decades, the United States has embraced the death penalty with tenacious enthusiasm. While most of those countries whose legal systems and cultures are nor-mally compared to the United States have abolished capital punishment, the United States continues to employ this ultimate tool of punishment. The death penalty has achieved an unparalleled prominence in our public life and left an indelible imprint on our politics and culture. It has also provoked intense scholarly debate, much of it devoted to explaining the roots of American exceptionalism.

America’s Death Penalty takes a different approach to the issue by examining the historical and theoret-ical assumptions that have underpinned the discussion of capital punishment in the United States to-day. At various times the death penalty has been portrayed as an anachronism, an inheritance, or an in-novation, with little reflection on the consequences that flow from the choice of words. This volume represents an effort to restore the sense of capital punishment as a question caught up in history. Edited by leading scholars of crime and justice, these original essays pursue different strategies for unsettling the usual terms of the debate. In particular, the authors use comparative and historical investigations of both Europe and America in order to cast fresh light on familiar questions about the meaning of capital punishment. This volume is essential reading for understanding the death penalty in America.

The Immigration Battle in American Courts
Anna O. Law
KF4819 .L39 2010

From the Publisher: This book assesses the role of the federal judiciary in immigration and the institu-tional evolution of the Supreme Court and the US Courts of Appeals. Neither court has played a static role across time. By the turn of the century, a division of labor had developed between the two courts whereby the Courts of Appeals retained their original function as error-correction courts, while the Su-preme Court was reserved for the most important policy and political questions. Law explores the con-sequences of this division for immigrant litigants, who are more likely to prevail in the Courts of Ap-peals because of advantageous institutional incentives that increase the likelihood of a favorable out-come. As this book proves, it is inaccurate to speak of an undifferentiated institution called ‘the federal courts’ or ‘the courts’, for such characterizations elide important differences in mission and function of the two highest courts in the federal judicial hierarchy.

The Constitutional Origins of the American Revolution
Jack P. Greene
KF4541 .G743 2010From the Publisher: Using the British Empire as a case study, this succinct study argues that the estab-lishment of overseas settlements in America created a problem of constitutional organization. The fail-ure to resolve the resulting tensions led to the thirteen continental colonies seceding from the empire in 1776. Challenging those historians who have assumed that the British had the law on their side during the debates that led to the American Revolution, this volume argues that the empire had long exhibited a high degree of constitutional multiplicity, with each colony having its own discrete constitution. Con-tending that these constitutions cannot be conflated with the metropolitan British constitution, it ar-gues that British refusal to accept the legitimacy of colonial understandings of the sanctity of the many colonial constitutions and the imperial constitution was the critical element leading to the American Revolution.

Radicals in Their Own Time: Four Hundred Years of Struggle for Liberty and Equal Justice in America
Michael Anthony Lawrence
KF4749 .L39 2011From the Publisher: [This book] explores the lives of five Americans, with lifetimes spanning four hun-dred years, who agitated for greater freedom in America. Every generation has them: individuals who speak truth to power and crave freedom from arbitrary authority. This book makes two important ob-servations in discussing Roger Williams, Thomas Paine, Elizabeth Cady Stanton, W. E. B. Du Bois and Vine Deloria, Jr. First, each believed that government must broadly tolerate individual autonomy. Se-cond, each argued that religious orthodoxy has been a major source of society’s ills – and all endured serious negative repercussions for doing so. The book challenges Christian orthodoxy and argues that part of what makes these five figures compelling is their willingness to pay the price for their convic-tions – much to the lasting benefit of liberty and equal justice in America.

Freedom Bound: Law, Labor, and Civic Identity in Colonizing EnglishAmerica, 1580-1865
Christopher Tomlins
HD8068 .T66 2010From the Publisher: Freedom Bound is about the origins of modern America. It is a history of migrants and migrations, of colonizers and colonized, of households and servitude and slavery, and of the freedom all craved and some found. Above all it is a history of the law that framed the entire process. Freedom Bound tells how colonies were planted in occupied territories, how they were populated with migrants – free and unfree – to do the work of colonizing and how the newcomers secured possession. It tells of the new civic lives that seemed possible in new commonwealths and of the constraints that kept many from enjoying them. It follows the story long past the end of the eighteenth century until the American Civil War, when – just for a moment – it seemed that freedom might finally be unbound.

Degradation: What the History of Obscenity Tells us About Hate Speech
Kevin W. Saunders
K5210 .S28 2011From the Publisher: […] In this original study of the relationship between obscenity and hate speech, First Amendment specialist Kevin W. Saunders traces the legal trajectory of degradation as it moved from sexual depiction to hateful speech. Looking closely at hate speech in several arenas, including rac-ist, homophobic, and sexist speech in the workplace, classroom, and other real-life scenarios, Saunders posits that if hate speech is today’s conceptual equivalent of obscenity, then the body of law that dictat-ed obscenity might shed some much-needed light on what may or may not qualify as punishable hate speech.

Virtual Freedom: Net Neutrality and Free Speech in the Internet AgeDawn C. NunziatoKF4772 .N86 2009
From the Publisher: Communications giants like Google, Comcast, and AT&T enjoy increasingly unchecked control over speech. As providers of broadband access and Internet search engines, they can control online expression. Their online content restrictions – from obstructing e-mail to censoring cablecasts – are considered legal because of recent changes in free speech law. In this book, Dawn Nunziato criticizes recent changes in free speech law in which only the government need refrain from censoring speech, while companies are permitted to self-regulate. By enabling Internet providers to exercise control over content, the Supreme Court and the FCC have failed to protect the public’s right to access a broad diversity of content.

Nunziato argues that regulation is necessary to ensure the free flow of information and to render the First Amendment meaningful in the twenty-first century. This book offers an urgent call to action, recommending immediate steps to preserve our free speech rights online.The Law of Virtual Worlds and Internet Social NetworksAndrew SparrowKD667.C65 S68 2010
From the Publisher: Virtual worlds are the latest manifestation of the internet’s inexorable appetite for development. Organisations of all kinds are enthusiastically pursuing the commercial opportunities offered by the growth of this phenomenon. But if you believe that there are no laws which govern internet social networks and virtual worlds this book will persuade you otherwise. There is law, and a good deal of it. Why would there not be?

As with many other aspects of the world wide web, this new medium is unregulated and offers many opportunities for companies to damage their reputation, run into a whole host of problems relating to intellectual property, trade marks and copyrights, and compromise the rights of individuals participating within the virtual environment. By reading The Law of Virtual Worlds and Internet Social Networks you will gain a good understanding of the legal issues which govern this expanding and fascinating world – are you ready for the leap from internet plaything to meaningful social and business tool? [this book] is an essential reference for advertising and media agencies; television broadcast producers; academic institutions including university law, knowledge and information departments. In fact, it has been written for anyone interested in virtual worlds and social networks whether commercially because you want to explore the possibilities such environments present, or for academic curiosity.Internet Law in a NutshellMichael L. RustadKF390.5.C6 R87 2009
From the Publisher: The book begins with a review of the history, technology, and competing theories of the Internet that enables a deeper understanding of case law and statutory developments discussed in the substantive chapters. It covers the history of the Internet through the rapidly evolving Web 3.0, competing theories of Internet governance, cyber jurisdiction and enforcement of judgments, choice and conflicts of law, cybertorts, online contracting and licensing, the protection of online intellectual property assets, the protection of online privacy, criminal liability for Internet activity, and European Community directives such as the E-Commerce Directive, Brussels Regulation, and Rome I Regulation.

In Search of Jefferson’s Moose: Notes on the State of CyberspaceDavid G. PostK564.C6 P67 2009From the Publisher: In 1787, Thomas Jefferson, then the American Minister to France, had the “complete skeleton, skin & horns” of an American moose shipped to him in Paris and mounted in the lobby of his residence as a symbol of the vast possibilities contained in the strange and largely unexplored New World. Taking a cue from Jefferson’s efforts, David Post, one of the nation’s leading Internet scholars, here presents a pithy, colorful exploration of the still mostly undiscovered territory of cyberspace–what it is, how it works, and how it should be governed.

What law should the Internet have, and who should make it? What are we to do, and how are we to think, about online filesharing and copyright law, about Internet pornography and free speech, about controlling spam, and online gambling, and cyberterrorism, and the use of anonymous remailers, or the practice of telemedicine, or the online collection and dissemination of personal information? How can they be controlled?

Should they be controlled? And by whom? Post presents the Jeffersonian ideal–small selfgoverning units, loosely linked together as peers in groups of larger and larger size–as a model for the Internet and for cyberspace community self-governance. Deftly drawing on Jefferson’s writings on the New World in Notes on the State of Virginia , Post draws out the many similarities (and differences) between the two terrains, vividly describing how the Internet actually functions from a technological, legal, and social perspective as he uniquely applies Jefferson’s views on natural history, law, and governance in the New World to illuminate the complexities of cyberspace.

E-Commerce and Internet Law: Treatise with Forms
Ian C. BallonKF390.5.C6 B35 2009
From the Publisher: The revised and updated edition of this comprehensive work provides you with a complete legal authority on e-commerce and Internet law, covering business-to-business and business-to-customer issues, regulatory issues, and emerging trends. It includes practice tips and forms and its unique organization facilitates finding quick answers to your questions. This valuable resource on Internet and ecommerce issues contains nearly 10,000 detailed footnotes, plus references to more than 100 unpublished court decisions, many of which are not available anywhere else.

Privacy and the Internet: Your Expectations and Rights under the LawRevised and updated by Margaret C. JasperKF1263.C65 J38 2009From the Publisher: The Internet is the most significant medium of both commercial and financial communications and transactions. It has become the nation’s primary vehicle for the exchange of news, mail, and general information. Unfortunately, these benefits often expose Internet users to serious privacy risks which may have catastrophic results. Thus, it is crucial that Internet users understand how to safely and securely “surf the net,” without exposing themselves to criminal activities which infringe on their privacy.

This almanac discusses some of the most important security methods, including the effective use of passwords, utilizing virus software, installing firewalls, understanding encryption technology, and being vigilant about the type of information one shares on the Internet. Internet identity theft is also addressed.

In addition, this fully revised publication outlines Internet privacy policies and applicable laws placed upon various entities designed to protect private information of Internet users. A discussion of online privacy protection for children, which encompasses the governing laws are included. Finally, this almanac sets forth the role of the Federal Trade Commission (FTC) in enforcing privacy rights, including a review of some of the major enforcement cases brought by the FTC. The Appendix provides resource directories, applicable statutes, and other pertinent information and data. The Glossary contains definitions of the terms used throughout the almanac.

In the Light of Reverence [videorecording]produced & directed by Christopher McLeod; writer, Jessica Abbe; produced in ass’n with the Independent Television Service & Native American Public Telecommunications
VIDEO E98.R3 I5 2002 (Reserve)Find this book in ThomCat

Confronting Cyber-bullying:What Schools Need to Know to Control Misconduct and Avoid Legal ConsequencesShaheen ShariffK5210 .S53 2009
From the Publisher: This book is directed to academics, educators, and government policy-makers who are concerned about addressing emerging cyber-bullying and anti-authority student expressions through the use of cell phone and Internet technologies. There is a current policy vacuum relating to the extent of educators’ legal responsibilities to intervene when such expression takes place outside of school hours and school grounds on home computers and personal cell phones. Students, teachers, and school officials are often targets of such expression. The author analyzes government and school responses by reviewing positivist paradigms. Her review of a range of legal frameworks and judicial decisions from constitutional, human rights, child protection, and tort law perspectives redirects attention to legally substantive and pluralistic approaches that can help schools balance student free expression, supervision, safety, and learning.

The Law of Schools, Students, and Teachers in a NutshellKern Alexander, M. David AlexanderKF4119.85 .A43 2009
From the Publisher: This text captures the key points of the precedents governing student rights and responsibilities relating to attendance, speech, expression, religion, discipline, grades, tests, drugs, search and seizure, and the range of procedural due process interests. It further addresses the range of constitutional rights and protections for teachers as well as employment terms and conditions, including contracts, tenure, and potential liabilities.

Children in the Courtroom: Challenges for Lawyers and JudgesSherrie Bourg CarterKF9673 .B68 2009
From the Publisher: In [this book], Sherrie Bourg Carter provides attorneys and judges with the critical information they need to properly review and handle cases involving child witnesses. Through a detailed discussion of the complicated legal, investigative, and developmental problems that are commonly encountered when children are involved in the legal system, Bourg Carter offers practical guidance to help legal professionals maneuver the often thorny landscape of using child witnesses in litigation. In an easy-to-read format, this book covers common legal arguments that arise with child witnesses, proper and improper child interview methods, legally relevant child developmental issues, and helpful procedures when children testify in the courtroom.

Chock full of new material, the second edition includes new sections on working with disabled child witnesses, taint, multiple incident cases, multiple victims cases, recantation, vertical prosecution, and child assessment centers. Bourg Carter delivers two new chapters—one devoted exclusively to improper interview techniques and the other outlining specific strategies for questioning a child witness. In addition, practitioners will find updated coverage of competence to testify; availability and hearsay; and reviews of case law related to Crawford v. Washington and Davis v. Washington.

What is Right for Children?: The Competing Paradigms of Religion and Human Rightsedited by Martha Albertson Fineman and Karen WorthingtonKF4783 .W43 2009
From the Publisher: Combining feminist legal theory with international human rights concepts, this book examines the presence, participation and treatment of children in a variety of contexts. Specifically, through comparing legal developments in the US with legal developments in countries where the views that children are separate from their families and potentially in need of state protection are more widely accepted. The authors address the role of religion in shaping attitudes about parental rights in the US, with particular emphasis upon the fundamentalist belief in natural lines of familial authority. Such beliefs have provoked powerful resistance in the US to human rights approaches that view the child as an independent rights holder and the state as obligated to proved services and protections that are distinctly child-centred. Calling for a rebalancing of relationships within the US family, to become more consistent with emerging human rights norms, this collection contains both theoretical debates about and practical approaches to granting positive rights to children.

Understanding Juvenile LawMartin R. GardnerKF9780 .G37 2009
From the Publisher: This Understanding treatise discusses the various bodies of law in relation to a fundamental issue permeating the entire field of juvenile law: the extent to which the law should protect young people rather than recognize them as autonomous persons. While the law traditionally adopted a protectionist posture, recent legal developments appear to recognize autonomy rights of adolescents in certain contexts. These developments are praised by some commentators who advocate wholesale rejection of the paternalistic model in favor of a system that treats adolescents as full-fledged persons under the law. This book does not advocate any particular resolution of the current debate about the nature of the rights of young people; rather, it suggests that sensitivity to the issues and arguments entailed in that debate is essential to any true understanding of the present state of juvenile law […].

Children in the Legal System: Cases and MaterialsSamuel M. Davis … [et al.].KF479 .C46 2009
From the Publisher: The new 4th edition has been thoroughly updated with the latest and best cases and statutory references. It includes references to the most recent scholarly articles, books and other publications. It also includes coverage of some recent Supreme Court decisions such as: Morse v. Frederick (the BONG HITS 4 JESUS student free expression case), Roper v. Simmons (the juvenile death penalty case). Davis v. Washington and Hammon v. Indiana (clarifying the meaning of “testimonial” in the Court’s earlier decision in Crawford v. Washington addressing Confrontation Clause issues with respect to statements made to police).

This book is distinguished by its breadth of coverage and degree of flexibility in teaching. It deals with every aspect of how the law relates to minors, from free expression in school and other school-related issues to child custody, to private law (e.g., torts and contracts), to the juvenile justice system (i.e., delinquency and the operation of criminal justice principles to juvenile justice), to abuse and neglect (including medical neglect), to termination of parental rights, to foster care, to adoption, to the status of children as children (i.e., children’s “rights”). For that reason, the book lends itself to use in any number of courses that might be styled “Juvenile Law,” or “Juvenile Justice,” or “Juvenile and Family Law,” or, indeed, “Children in the Legal System” or some other similar designation. As mentioned below, the flexibility of the book lends itself to varying numbers of credit hours […].